Fluoride Case Ruling May Open Door To More TSCA Petitions, Attorneys Say

The recent federal court ruling allowing environmentalists to sue EPA for rejecting their petition seeking Toxic Substances Control Act (TSCA) rules on fluoridation could open the door to new citizen petitions to the agency under section 21 of the law seeking rules on other substances.

“The fluoridation case may signal to environmental groups that the courts may be receptive to granting section 21 petitions or at a minimum that EPA’s reasons for a denial will be closely scrutinized,” Herb Estreicher, an attorney and chemist with the law firm of Keller and Heckman, tells Inside EPA.

“As a result, we may see more section 21 petitions from environmental groups and a greater willingness to challenge an EPA denial in the courts.” …